Questão jurídica principal
Whether the insured had to contribute 25% to the replacement costs of the prematurely unusable scooter under Art. 6(2) OMAI.
Decisão extraída
Yes. Repeated use of the scooter on unsuitable forest paths amounted to grave negligence and justified an appropriate contribution to replacement costs.
Fundamentação extraída
Frequent breakdowns and their nature showed that the use was not careful or adapted. A person in the same situation would have altered the usage habits to avoid foreseeable damage.